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S 37. Subdivision 22 of section 265.00 of the penal law, as added bychapter 189 of the laws of 2000, is amended to read as follows:

22. "Assault weapon" means

(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLEMAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OFTHE WEAPON;(III) A THUMBHOLE STOCK;(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THENON-TRIGGER HAND;(V) A BAYONET MOUNT;(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADEDBARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, ORMUZZLE COMPENSATOR;(VII) A GRENADE LAUNCHER; OR

S. 2230 19 A. 2388(B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWINGCHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;(II) A THUMBHOLE STOCK;(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THENON-TRIGGER HAND;(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;(V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLEMAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;(II) A THUMBHOLE STOCK;(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THENON-TRIGGER HAND;(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THEPISTOL OUTSIDE OF THE PISTOL GRIP;(V) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASHSUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIRCLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITHTHE NON-TRIGGER HAND WITHOUT BEING BURNED;(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL ISUNLOADED; OR(VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN ORFIREARM;(D) A REVOLVING CYLINDER SHOTGUN;(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATICPISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTERONE HUNDRED EIGHTY-NINE OF THE LAWS OF TWO THOUSAND AND OTHERWISELAWFULLY POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSANDPRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;(F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATICPISTOL OR WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF THE CHAPTER OF THELAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;(G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BYBOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLYINOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C.921(A)(16);(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINETHAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDSOF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTUREDON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT AWEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THATSUCH WEAPON IS AN ASSAULT WEAPON;(V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OFSECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THEPROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;(VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEASTFIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE

S. 2230 20 A. 2388OF THAT IS VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OFSECTION 400.00 OF THIS CHAPTER;(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION ANDANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSEDBY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OFTWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCHWEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THATANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUSTBE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVENTY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCHWEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEWYORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPHSHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITYAMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BYTHE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.

Then see page 22 of the posted bill, s2230:

§ 41-a. The penal law is amended by adding a new section 265.01-b to 5 read as follows:
6 § 265.01-b Criminal possession of a firearm.

7 A person is guilty of criminal possession of a firearm when he or she:
8 (1) possesses any firearm or; (2) lawfully possesses a firearm prior to
9 the effective date of the chapter of the laws of two thousand thirteen

10 which added this section subject to the registration requirements of
11 subdivision sixteen-a of section 400.00 of this chapter and knowingly
12 fails to register such firearm pursuant to such subdivision.
13 Criminal possession of a firearm is a class E felony.

So ALL! NY State resident who have any kind of firearm are now Class E Felons.

Comment

So what are you going to say next time you go to the doctor and he asks if you have any guns at home? And these tree hugging carrot eating liberal bleeding heart freaks actually think none of our freedoms are being taken away?

Comment

Quite simple, I prefer guns.
I want everyone to have guns.
Cars are dangerous so we should ban them? No, just the reckless people.

The logic is implied with guns.
Besides, gun laws are ONLY followed by the law-abiding public. What makes a criminal a criminal is that they don't follow laws.
It's going to be wild watching you defending your family with a spork.

We're told every day about the gun crimes that happened (and it's usually the same ones) but every day, which is unreported by the news, someone was either saved or stopped because of a responsible gun owner.

Comment

Just saw on the news of a second grader bringing a hand gun into school in NYC for show n tell. Don't know yet if it's an illegal firearm but I'm willing to bet it is, the authorities are getting a search warrant for the home.

Comment

From the desciption, it does not seem all that different from the first assault weapons ban. If anything, all the athorities look for is the folding stock, front sights, and bayonet. If anything, they added having that barrel handle to stabilize the weapon.

Still, for those of us currently in the service, if we REALLY want to screw up the authorities, we can invoke the 2nd Amendment, however put extra emphisis into the "Militia" part while flashing the military ID, especially if one is in the National Guard. THAT ought to get a few judges to scratch their heads. "Go ahead your Honor! Violate the amendment, lets see how long you still have a career!"

So what are you going to say next time you go to the doctor and he asks if you have any guns at home? And these tree hugging carrot eating liberal bleeding heart freaks actually think none of our freedoms are being taken away?

Comment

Remember in a different topic a bad guy killed his sister or grandmother with a hammer

no more "dead-blow" hammers will be sold in New York

Cactus Man

He was the man who murdered his grandmother. Released at 17 years, all better and no longer a threat to society. That's the one who got his neighbor to buy him a gun which he used to kill two firemen in upstate ny, responding to a phoney call he made. Until they keep the killers in jail till they die, no amount of gun laws will make a difference.

Did you hear they suspended two first graders for playing make believe guns with their fingers at recess? Sorry there's no punch line it's a true story.